By Mercy Matonga:
Attorney General (AG) Thabo Chakaka Nyirenda is today expected to make two applications to the Constitutional Court in relation to its ruling on the use of Constituency Development Fund (CDF) allocations.
The appeal follows a ruling by the Constitutional Court, which found that the involvement of members of Parliament (MPs) in the use of CDF allocations is unconstitutional.
According to Ministry of Justice spokesperson Frank Namangale, the applications will be made at the Constitutional Court in Lilongwe.
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“The first application seeks a stay of execution of the court’s earlier judgement while the second requests leave to appeal. The court has directed that the second application be heard inter partes,” Namangale said.
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Commenting on the move, Centre for Social Accountability and Transparency (Csat) Executive Director Willy Kambwandira said he finds the AG’s move to appeal the High Court ruling not only highly questionable but also as a waste of taxpayers’ money.
“There are fundamental questions that the AG must answer, in terms of whose interest is he advancing, as it is clear that the majority of Malawians do not want MPs any closer to CDF. It is clear that the AG is now politically aligned to defend MPs’ involvement in the CDF,” Kambwandira said.
He also said the decision signals a strategic defence of partisan interests over legal consistency or public interest.
“This erodes citizens’ faith in the AG’s office as a neutral guardian of the Constitution. We, as Csat, will join Malga [Malawi Local Government Association] in the case in defending the High Court ruling on the matter,” Kambwandira said.
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Last month, Malga Hadrod Mkandawire Executive Director said councils were ready to defend the ruling.
“The AG has the right; he has received instructions from his client. As for us, we are ready to meet in the Supreme Court because we believe the Constitutional Court’s interpretation was clear,” Mkandawire said.
On 26 May, a panel of three judges—Mzonde Mvula, Howard Pemba and Eddah Ngwira- Mwakibinga—ruled that MPs’ involvement in the use of CDF funds is unconstitutional.
The judges also declared that the 2022 CDF and Water Resource Fund Guidelines were illegal.
The ruling followed a petition by Malga, which asked the court to determine whether it was constitutional for MPs to manage CDF, whether the 2022 guidelines align with the Constitution, and whether MPs should have voting rights as ex-officio members.
